G & G Closed Circuit Events, Inc. v. Mendieta
- Vyskocil
- 1:20-cv-01432
- U.S. District Court · Southern District of New York
- 1
In G&G Closed Circuit Events v. Mendieta, Judge Vyskocil discontinued the action for failure to prosecute, allowing restoration by November 25, 2020.
The plaintiff’s case was discontinued because the plaintiff did not prosecute it. The defendants faced no costs under the order, and the case could be restored by November 25, 2020; otherwise, the dismissal would be with prejudice.
What happened
G&G Closed Circuit Events, Inc. v. Mendieta involved a complaint filed on February 19, 2020. The defendants were served, did not respond, and the Clerk entered defaults at the plaintiff’s request.
After obtaining the defaults, the plaintiff took no further action to move the case forward. The opinion does not describe the underlying claims.
Judge Mary Kay Vyskocil discontinued the action for failure to prosecute, without costs to any party and without prejudice to restoring it if an application was made by November 25, 2020. If no application was made by that date, the dismissal would be with prejudice.
The detailed version
- G & G Closed Circuit Events, Inc. v. Mendieta · No. 1:20-cv-01432
- Vyskocil
- Oct. 26, 2020
Background
The plaintiff filed the complaint on February 19, 2020. The docket reflected service on the defendants on March 20, 2020, and June 10, 2020. After the defendants failed to respond, the plaintiff requested certificates of default, which the Clerk granted on July 21, 2020.
Failure to Prosecute
The court stated that, after obtaining the defaults, the plaintiff took no action to prosecute the case. The opinion does not discuss the merits or identify the underlying claims.
Ruling
Judge Mary Kay Vyskocil ordered that the action be discontinued for failure to prosecute, without costs to any party. The order stated that the action could be restored to the court’s calendar without prejudice if the plaintiff applied to restore it by November 25, 2020. It further stated that, if no such application was made by that date, the dismissal would be with prejudice.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.